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(영문) 서울고등법원 2015.06.10 2014나2037369
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Defendant Republic of Korea, added by the Plaintiff at the trial.

Reasons

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the defendant (the jurisdiction of the court of first instance: the jurisdiction of the court of first instance) is "the defendant (the jurisdiction of the Republic of Korea: the jurisdiction of the Republic of Korea, and the net duty of the Republic of Korea)" in Section 8 of Article 3 of the judgment of the court of first instance.

2. Claim against Defendant Republic of Korea

A. The Plaintiff’s assertion 1) Each of the instant claims transfer and takeover agreements between ethylM and ethyl et al. are null and void as a false declaration of conspiracy, and the Defendant Republic of Korea (the jurisdiction of the Republic of Korea: e.g., e., e., e., g., e., e., g., e., g., e., g., e., e

B) Even if each of the instant claims transfer and takeover contracts between ethylM and ethyl do not constitute false representation, it was revoked as a fraudulent act in accordance with the decision on the recommendation for reconciliation in the relevant civil procedure, and the Defendant Republic of Korea seized the instant claim for refund which was acquired from ethylM with the knowledge that each of the instant claims transfer and takeover contracts would prejudice the creditors, so the Defendant Republic of Korea cannot be protected by the relative effect of revocation of fraudulent act. C) Accordingly, in the instant dividend procedure, the Defendant Republic of Korea should be excluded from distributing dividends to the Defendant Republic of Korea regarding the instant deposit in the instant distribution procedure.

2. If the revocation of each of the instant claims transfer and takeover contracts between ethylM and ethyl et al. established in the relevant civil procedure does not reach the Defendant’s Republic of Korea based on the relative effect of revocation of fraudulent act, the instant conjunctive claim sought revocation of each of the instant claims transfer and takeover contracts between the Defendant’s Republic of Korea and ethyl et al., and accordingly, sought revocation of the instant claim transfer and takeover contracts against the Defendant’s Republic of Korea.

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